Youth in the Adult Criminal Justice System

18th National Symposium on Juvenile Services

October 16, 2012 9:00-11:00am

Panelists2

Removing Youth From Adult Jails

Elissa Rumsey, Compliance Monitor Coordinator Office of Juvenile Justice and Delinquency

Prevention

Thach Nguyen, Senior Manager Multnomah County Juvenile Service

Division

Liz Ryan, President and Chief Executive Officer Campaign for Youth Justice

Youth in Adult System Highlights

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An estimated 250,000 children are prosecuted, sentenced, or incarcerated as adults each year in the United States.

Most of the youth prosecuted in adult court are charged with non-violent offenses.

If detained pre-trial, two-thirds of youth prosecuted as adults are held in adult jails.

Youth sentenced as adults receive an adult criminal record, are often denied employment and educational opportunities, and can be barred from receiving student financial aid.

While in adult jails or prisons, most youth are denied educational and rehabilitative services that are necessary for their stage in development.

Currently, 40 states permit or require that youth charged as adults be held before they are tried in an adult jail. In some states, if they are convicted, they may be required to serve their entire sentence in an adult jail.

Youth Housed in Adult Jails and Prisons

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Nearly 100,000 children are housed in adult jails and prisons each year.

Youth in adult system are at the greatest risk of sexual victimization.

Many youth who are held in adult jails have not even been convicted. Research shows that many never will. As many as one-half of these youth will be sent back to the juvenile justice system or will not be convicted.

Many children are often placed in isolation which can produce harmful consequences, including death. Youth are frequently locked down 23 hours a day.

Youth housed in adult jails are 36 times more likely to commit suicide than are youth housed in juvenile detention facilities.

How do Youth Get to the Adult System?5

Youth in the Adult System cont.

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State Trends Highlights7

Turning the Tide In the past 5 years, more than 30 pieces of

legislation in nearly half of the states have changed their laws regarding youth in the adult system.

These trends are not short-term, but is a long-term restructuring of the juvenile justice system.

Reform efforts have been in all regions of the country and supported by bipartisan legislators and governors.

State Trends8

TREND 1--States and local jurisdictions remove youth from adult jails and prisons. Colorado, Maine, Virginia, Minnesota, Idaho, Ohio, Oregon, Texas and Pennsylvania.

TREND 2--States raise the age of juvenile court jurisdiction. Connecticut, Illinois and Mississippi.

TREND 3--States change transfer laws to keep more youth in juvenile courts. Arizona, Colorado, Connecticut, Delaware, Illinois, Nevada, Ohio, Utah, Virginia and Washington.

TREND 4--States rethink sentencing laws for youth. Colorado, Georgia, Texas and Washington.

Oregon

2008 Multonomah County Resolution.

2011 statewide law to remove youth from adult jails through county option.

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Ohio 10

2012 Law passed to remove youth from adult jails pretrial

2011 Law passed to provide for youth to be sent back to juvenile court from adult criminal court

Texas

2011 Law passed to remove youth from adult jails through county option.

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Colorado

Series of reforms:

2012 Remove youth from adult jails pre-trial

2012 Provide judges more discretion whether youth should be in adult court

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Virginia

2012

SB 259, was passed unanimously by the Virginia House of Delegates and the Virginia Senate.

The legislation creates a presumption that youth who are being tried as adults are held in juvenile detention centers pretrial.

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Multnomah County High-Risk Youth: Detention Policy & Practice Options

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Thach Nguyen, Senior Manager

Department of Community Justice, Multnomah County

Profile of Multnomah County15

Oregon’s Most Populous County: 735,000 residents

Size of Juvenile Population (10 – 17 yoa): 68,194

• White: 66%• African American: 9%• Asian: 8%• Hispanic: 15%• Other: 2%

Juvenile Offenders as Percent of County Juvenile Population: 3%

Initiatives Shaping Multnomah County Detention Population:

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JDAI Model Site – began 1992

Ballot Measure 11 - passed 1994

County Resolution No. 08-166 – passed 2008

Two Distinct Populations17

Trends in Annual Admissions2008 Resolution passed

Two Distinct Populations18

Comparison of Average Length of Stay

Common Questions: Are the youth charged with adult

crimes significantly harder to manage?

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Two Distinct Populations20

Comparison of RAI Scores

Common Questions: How does the County manage youth

charged with adult crimes?

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Detention Enhancements: 22

Modified activities for long-term populations: Drug and alcohol education Latino support group African American support group

Behavior management system Enhanced visiting program for good behavior

Common Questions: Has the County seen an increase in peer fights/assaults since the

resolution passed?

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Incident Reports24

Since the 2008 resolution, there has been no observable increase in the number of reported peer fights or assaults.

Since the 2008 resolution, there

has been no observable increase in the number of reported peer

fights or assaults.

Year # Fights/Assaults

2008 53

2009 39

2010 49

2011 34

Common Questions: How often has the County elected to

transfer a youth to an adult facility due to a youth’s behavioral issues?

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Youth Releases26

Since the 2008 resolution, very few youth have been released to the Adult jail for behavior reasons:

Only nine Ballot Measure 11 Youth have been released to an adult jail for behavioral

issues.

Year # Youth

2009 5

2010 3

2011 0

2012 (to–date) 0

Summary: 27

The Multnomah County Juvenile Detention home is the presumptive placement for a youth facing Measure 11 charges.

Our staff are trained and committed to providing a safe, secure, and enriching environment for these youth.

With modest enhancements to structured activities, juvenile detention is a safe and effective placement for these youth.

Since the resolution, Multnomah County has experienced no discernible disruptions to our operations and ability to meet our public safety goals.

Acknowledgements28

For More Information:

Please visit our website at:

http://web.multco.us/dcj-juvenile

Craig Bachman, Detention Manager

Dr. Kimberly Bernard, Communications Manager

Christina McMahan, JSD Assistant Director

Liang Wu, Data Analyst

National Institute of Corrections Report: “You’re An

Adult Now”

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Elissa Rumsey, Compliance Monitor Coordinator

Office of Juvenile Justice and Delinquency Prevention

NIC “You’re An Adult Now” Report

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Youth in Adult Criminal Justice Systems

Released January 2012

The report gathered statistics, reviewed the issues, impacts, and options that detention and correctional leaders face when they manage youth in the adult system.

Raise awareness of these issues.

There needs to be a re-evaluation of the best way to curb delinquency and increase positive youth development.

Report Contributors31

A list of some of the contributors to the NIC Report

Multnomah County Community Corrections – Portland, Oregon

Bureau of Justice Statistics – Washington, DC

National Council on Crime and Delinquency – Oakland, California

Youth in Jail32

Most states allow pre-trial youth charged as adult be house in adult facilities

39 states allow youth to be jailed Of the 39, only 20 states have protection

for the youth Six of the 39 states have age restrictions

Dangers Youth Face in Jail33

75% of all deaths of youth in adult jails were due to suicide (BJS Survey)

Little access to rehabilitation and family support

Lack of services for youth development: 40% of jails provided no educational

services 7% of jails provided vocational training

Dangers Youth Face in Jail34

Increase risks of self-harm and abuse when youth are placed in adult pretrial environment

In 2005 and 2006, 21% and 13% respectively, of the victims of sexual violence in jails were youth under 18

Only 1% of all jail inmates are juveniles

Policy Recommendations35

Policymakers should discuss the appropriate place for youth pretrial and consider the costs

Pretrial Release Options for Youth Defendants in Adult Court

Stakeholders should consider case processing agreements to reduce time for a case to go through a system.

Federal Resources36

National Center for Youth in Custody http://nc4yc.org/

PREA Resource Center http://www.prearesourcecenter.org/

OJJDP Technical Assistance http://www.ojjdp.gov/programs/tta.html

Snapshot of Policy Statements

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National Partnership for Juvenile Services resolution on youth in adult facilities

Professional Associations with policy statements:

American Jail AssociationAmerican Correctional AssociationCouncil of Juvenile Correctional AdministratorsCoalition for Juvenile Justice

National Youth Justice Awareness Month – October Events

Alabama – Oct. 27 Colorado – Oct. 20 Florida – Oct. 27 Illinois – Oct.21 Maryland – Oct. 18 Mississippi – Oct. 27 Missouri – Oct. 26 New Jersey – Oct.

20 Oregon – Oct. 27

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National Youth Justice Awareness Month – October

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Watch and share the Alliance for Youth Justice PSA & connect with your local AYJ affiliate: http://www.campaignforyouthjustice.org/family-resource-center.html

Find a YJAM event in your hometown & take action: http://www.campaignforyouthjustice.org/national-youth-justice-awareness-month.html

Help us spread the word about Youth Justice! Facebook Campaign for Youth Justice or follow

us on Twitter @ JusticeForYouth